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2024-cv-04790
日期 | 描述 |
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08/20/2024 | RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7784 44. |
08/13/2024 | MAILED original ten thousand dollar surety bond posted by James Peter Ormiston to Keith Vogt, Ltd. 33 West Jackson Boulevard Unit #2W Chicago, IL 60604 via certified mail # 9589 0710 5270 0579 7784 44. |
08/09/2024 | MAILED copyright report with order dated 8/8/2024 to Registrar, Washington DC |
08/08/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 17 zhengzhilin and defendant no. 19 PLAINCHAMPAGNE |
08/08/2024 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 8/8/2024. Mailed notice. |
08/08/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 25 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $15,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice. |
07/17/2024 | CERTIFICATE of Service by Plaintiff James Peter Ormiston regarding terminate deadlines and hearings, set deadlines/hearings, 29 |
07/17/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 25 for entry of default and default judgment against all defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/26/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The 8/2/24 tracking status hearing is stricken and re-set to 8/26/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
07/16/2024 | NEW PARTIES: CAOYF, WannaSong, guangzhouweimingshangmaoyouxiangongs i, QDICA, YJUXIN, wuhuqinoyoushangmaoyouxiangongsi, HZDY, SEIKU, ZHSTAR, LEADTon, Hi SEA, YOE Roo, pengzitou, Xinsumaoyi, Cndeyike, ANEMEL, zhengzhilin, YC-PP, PLAINCHAMPAGNE, AZLABEIBIDILIREBA, yuequanjun5555, yrhfrtu8787u, Kristin Terry, strackefermina638, li niu550718, PoseyEE, zhoujunjunjiejie, chen2556, meilei1 and Defendant 28 added to case caption. |
07/16/2024 | PRELIMINARY INJUNCTION Order Signed by the Honorable Jeffrey I Cummings on 7/16/2024. Mailed notice |
07/16/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 19 is granted as to the remaining defendants. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
07/15/2024 | MOTION by Plaintiff James Peter Ormiston for default judgment as to Against the Defendants Identified in First Amended Schedule A. |
06/25/2024 | CERTIFICATE of Service by Plaintiff James Peter Ormiston regarding text entry, 22 |
06/25/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 19. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects on or before July 3, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
06/21/2024 | SUMMONS Returned Executed by James Peter Ormiston as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/21/2024, answer due 7/12/2024. 附件: 1:(Declaration of Service) |
06/21/2024 | MEMORANDUM by James Peter Ormiston in support of motion for preliminary injunction 19 附件: 1:Declaration of Keith A. Vogt 2:(Exhibit 1, of Keith A. Vogt's Declaration) |
06/21/2024 | MOTION by Plaintiff James Peter Ormiston for preliminary injunction |
06/13/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
06/13/2024 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey I Cummings on 6/13/2024. Mailed notice |
06/13/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal 11, motion for excess pages 12, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and electronic service of process 13 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 8/2/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
06/10/2024 | SEALED EXHIBIT by Plaintiff James Peter Ormiston Sealed Exhibit 2, Declaration of James Peter Ormiston regarding memorandum in support of motion, 14 附件: 1:(Exhibit 2-1) |
06/10/2024 | MEMORANDUM in support of 13 Exparte motion 附件: 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of of Keith A. Vogt's declaration 3:Declaration of James Peter Ormiston 4:(Exhibit 1, of James Peter Ormiston's declaration) |
06/10/2024 | MOTION by Plaintiff James Peter Ormiston for leave to file excess pages |
06/10/2024 | MOTION by Plaintiff James Peter Ormiston for leave to file under seal |
06/10/2024 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
06/10/2024 | CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Christopher Romero |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Monica Rita Martin |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Cameron Eugene Mcintyre |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Adam Grodman |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Yi Bu |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Yanling Jiang |
06/10/2024 | ATTORNEY Appearance for Plaintiff James Peter Ormiston by Keith A. Vogt |
06/10/2024 | CIVIL Cover Sheet |
06/10/2024 | SEALED DOCUMENT by Plaintiff James Peter Ormiston Schedule A to Complaint 1 |
06/10/2024 | COMPLAINT filed by James Peter Ormiston; Filing fee $ 405, receipt number AILNDC-22124145. 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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